LAW OF TURKMENISTAN

of November 21, 2015 No. 310-V

About modification and amendments in the Criminal code of Turkmenistan

I. Bring in the Criminal code of Turkmenistan approved by the Law of Turkmenistan of June 12, 1997, approved in the new edition by the Law of Turkmenistan of May 10, 2010 (Sheets of Majlis of Turkmenistan, 2010, No. 2, the Art. 28, No. 4, Art. 72; 2011, No. 1, Art. 20, No. 3, Art. 55; 2012, No. 3, Art. 66; 2013, No. 4, Art. 77; 2014, No. 1, Art. 44, No. 2, Art. 77, No. 4, Art. 145; 2015, No. 1, Art. 9), following changes and amendments:

1. In Article 58 part one:

state the Item "an" in the following edition:

"a) crime execution for political, social, national, ethnic motives, out of racial or religious hatred or hostility;";

after the Item "a" to add with Item of the following content:

"f) crime execution for motive of revenge for lawful actions of other persons, and also for the purpose of concealment of other crime or simplification of its making;".

consider the Items "h" and "g" respectively the Items "g" and "h".

2. In Article 75 part three Items "a", "b" and "c" according to the word "half", "two thirds" and "three quarters" shall be replaced with words "one third", "half" and "two thirds".

3. The second Article 94 to state part in the following edition:

"(2) Measures of medical nature can be appointed by court along with punishment concerning the persons having alcoholism, drug addiction or toxicomania and dependence on other psychoactive agents who committed crimes for the purpose of their treatment and creation of the conditions promoting punishment goal achievement.".

4. To number contents of Article 154 in figure" (1.)" and to add with part of the following content:

"(2) the Same act if it is integrated using physical abuse or threat of its application, is punished by imprisonment for a period of up to two years.".

5. After Article 167 to add with Articles of the following content:

"Article 167-1. Planning, preparation, unbinding or conducting war of aggression

(1) Planning or preparation of war of aggression, is punished by imprisonment for a period of ten up to fifteen years.

(2) Unleashing or conducting war of aggression is punished by imprisonment for a period of fifteen up to twenty five years.

Article 167-2. Promotion of unleashing of war of aggression and open appeals to it

(1) Promotion of unleashing of war of aggression and open appeals to it, are punished by imprisonment for a period of up to five years.

(2) the same acts if they are made with use of mass media, electronic or information telecommunication system, including Internet network, or the official holding responsible position it is punished by imprisonment for a period of three up to seven years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years.

Article 167-3. Production, acquisition or realization of weapons of mass destruction

Production, acquisition and realization of nuclear, chemical, biological weapon, and also other types of weapon of mass defeat prohibited by international treaties of Turkmenistan is punished by imprisonment for a period of five up to ten years.

Article 167-4. Application of the prohibited means and methods of warfare

(1) the prisoners of war Abuse or the civilian population, exile of the civilian population from the country, destruction or plunder of national property in the taken territories, application in armed conflict of the means and methods prohibited by international treaties of Turkmenistan are punished by imprisonment for a period of ten up to fifteen years.

(2) Use of weapons of the mass defeat prohibited by international treaties of Turkmenistan is punished by imprisonment for a period of fifteen up to twenty five years.

Article 167-5. Violation of the laws and customs of war

(1) Compulsion of the persons who handed over weapon or not having remedy, wounded, sick, shipwrecked, health workers, sanitary workers, priests, prisoners of war, the civilian population in the occupied territory or in the war zone, the other persons using during military operations international protection to service in armed forces of the opponent or to resettlement or deprivation of their right to independent and fair trial, or restriction of the right of these persons for protection in criminal judicial proceedings, are punished by imprisonment for a period of three up to seven years.

(2) Causing heavy bodily harms to persons specified in part one of this Article, either torture, or carrying out over them medical, biological and other experiments or their use for cover of the troops or objects from military operations, or capture and deduction of such persons as hostages, or stealing of the civilian population for forced labor, is punished by imprisonment for a period of five up to fifteen years.

(3) Premeditated murder of persons specified in part one of this Article is punished by imprisonment for a period of fifteen up to twenty five years.

Article 167-6. Criminal violations of regulations of international humanitarian law during armed conflicts

Criminal violations of regulations of international humanitarian law during armed conflicts, that is:

1) application of means and methods of warfare which can be considered putting excessive damages or having not selective action;

2) intentional causing large-scale, long-term and essential damage to the environment;

3) attack on having for the purpose of protection distinctive emblems of the Red Cross and Red Crescent of employees, structures, the equipment, transport structures and vehicles;

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